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SOCI - Standing Committee

Social Affairs, Science and Technology

 

Proceedings of the Standing Senate Committee on
Social Affairs, Science and Technology

Issue 11 - Minutes of Proceedings


OTTAWA, Wednesday, December 2, 2009
(26)

[English]

The Standing Senate Committee on Social Affairs, Science and Technology met this day at 3:02 p.m. in room 2, Victoria Building, the chair, the Honourable Art Eggleton, P.C., presiding.

Members of the committee present: The Honourable Senators Callbeck, Cordy, Day, Dyck, Eaton, Eggleton, P.C., Fairbairn, P.C., Keon, Martin, Ogilvie Pépin and Segal (12).

Other senator present: The Honourable Senator McCoy (1).

In attendance: Trina Wall, Analyst, Parliamentary Information and Research Service, Library of Parliament.

Also in attendance: The official reporters of the Senate.

Pursuant to the order of reference adopted by the Senate on Wednesday, October 7, 2009, the committee continued its study on Bill C-6, An Act respecting the safety of consumer products. (For complete text of the order of reference, see proceedings of the committee, Issue No. 8.)

WITNESS:

Health Canada:

Paul Glover, Assistant Deputy Minister, Healthy Environments and Consumer Safety Branch.

The chair made a statement.

It was agreed that the committee proceed to clause-by-clause consideration of Bill C-6, An Act respecting the safety of consumer products.

It was agreed that the title stand postponed.

It was agreed that the preamble stand postponed.

It was agreed that clause 1, which contains the short title, stand postponed.

The chair asked whether clause 2 shall carry.

After debate, it was agreed that consideration of clause 2 stand postponed.

It was agreed that clause 3 carry.

It was agreed that clause 4 carry.

It was agreed that clause 5 carry.

It was agreed that clause 6 carry.

The chair asked whether clause 7 shall carry.

The Honourable Senator Day moved:

That Bill C-6 be amended in clause 7, on page 5, by replacing lines 23 and 24 with the following:

"section 30 or is the subject of a''.

After debate, the question being put on the motion in amendment, it was adopted on the following vote:

YEAS

The Honourable Senators

Callbeck, Cordy, Day, Dyck, Eggleton, P.C.,
Fairbairn, P.C., Pépin — 7

NAYS

The Honourable Senators

Eaton, Keon, Martin, Ogilvie, Segal — 5

ABSTENTIONS

The Honourable Senators

Nil

It was agreed that clause 7, as amended, carry.

The chair asked whether clause 8 shall carry.

The Honourable Senator Day moved:

That Bill C-6 be amended in clause 8, on page 6, by replacing lines 2 and 3 with the following:

"section 30 or is the subject of a''.

After debate, it was agreed that consideration of clause 8 and the motion in amendment of Senator Day stand postponed.

The chair asked whether clause 9 shall carry.

The Honourable Senator Day moved:

That Bill C-6 be amended in clause 9, on page 6, by replacing line 17 with the following:

"impression that it is not a''.

After debate, the question being put on the motion in amendment, it was negatived on the following vote:

YEAS

The Honourable Senators

Callbeck, Cordy, Day, Eggleton, P.C., Fairbairn, P.C. — 5

NAYS

The Honourable Senators

Dyck, Eaton, Keon, Martin, Ogilvie, Pépin, Segal — 7

ABSTENTIONS

The Honourable Senators

Nil

It was agreed, on division, that clause 9 carry.

It was agreed that clause 10 carry.

It was agreed that clause 11 carry.

It was agreed that clause 12 carry.

It was agreed that clause 13 carry.

The chair asked whether clause 14 shall carry.

The Honourable Senator Day moved:

That Bill C-6 be amended in clause 14, on page 8, by replacing line 10 with the following:

"including a serious injury, and that occurred under circumstances that indicate that the product may pose a danger to human health or safety;''.

After debate, the question being put on the motion in amendment, it was adopted on the following vote:

YEAS

The Honourable Senators

Callbeck, Cordy, Day, Dyck, Eggleton, P.C.,
Fairbairn, P.C., Pépin — 7

NAYS

The Honourable Senators

Eaton, Keon, Martin, Ogilvie, Segal — 5

ABSTENTIONS

The Honourable Senators

Nil

It was agreed that clause 14, as amended, carry.

The chair asked whether clause 15 shall carry.

The Honourable Senator Day moved:

That Bill C-6 be amended in clause 15, on page 9,

(a) by replacing lines 12 and 13 with the following:

"15. (1) The Minister may disclose personal information related to a consumer product to a person or a government that''; and

(b) by replacing lines 17 to 19 with the following:

"relates if

(a) the disclosure is necessary to identify or address a serious danger to human health or safety; and

(b) the person to whom or government to which the information may be disclosed agrees in writing to maintain the confidentiality of the information and to use it only for the purpose of carrying out those functions.

(2) The Minister shall provide prior notice of the intended disclosure to the individual to whom the personal information relates unless doing so would endanger human health or safety.

(3) If the Minister discloses personal information under subsection (1) without providing prior notice, he or she shall, as soon as practicable but not later than six months after the disclosure, notify the individual to whom the personal information relates.''.

After debate, the question being put on the motion in amendment, it was adopted on the following vote:

YEAS

The Honourable Senators

Callbeck, Cordy, Day, Dyck, Eggleton, P.C., Fairbairn, P.C. — 6

NAYS

The Honourable Senators

Eaton, Keon, Martin, Ogilvie, Segal—5

ABSTENTIONS

The Honourable Senator

Pépin — 1

It was agreed that clause 15, as amended, carry.

The chair asked whether clause 16 shall carry.

The Honourable Senator Day moved:

That Bill C-6 be amended in clause 16, on page 9,

(a) by replacing line 20 with the following:

"16. (1) The Minister may disclose confidential'';

(b) by replacing line 27 with the following:

"relates if the''; and

(c) by adding after line 32 the following:

"(2) The Minister may make a disclosure under subsection (1) only for the purpose of protecting human health or safety or the environment.

(3) The Minister shall provide prior notice of the intended disclosure to the person to whose business or affairs the information relates unless doing so would endanger human health or safety or the environment.

(4) If the Minister discloses confidential business information under subsection (1) without providing prior notice, he or she shall, as soon as practicable but not later than six months after the disclosure, notify the person to whose business or affairs the information relates.''.

After debate, the question being put on the motion in amendment, it was adopted on the following vote:

YEAS

The Honourable Senators

Callbeck, Cordy, Day, Dyck, Eggleton, P.C.,
Fairbairn, P.C., Pépin — 7

NAYS

The Honourable Senators

Eaton, Keon, Martin, Ogilvie, Segal — 5

ABSTENTIONS

The Honourable Senators

Nil

It was agreed that clause 16, as amended, carry.

It was agreed that clause 17 carry.

It was agreed that clause 17.1 carry.

It was agreed that clause 18 carry, with Senator Segal abstaining.

It was agreed that clause 19 carry.

The chair asked whether clause 20 shall carry.

The Honourable Senator Day moved:

That Bill C-6 be amended in clause 20, on page 11, by replacing line 19 with the following:

"by means of or in relation to which the inspector believes on reasonable grounds any provision of this Act or the regulations has been contravened, or''.

After debate, the question being put on the motion in amendment, it was adopted on the following vote:

YEAS

The Honourable Senators

Callbeck, Cordy, Day, Dyck, Eggleton, P.C.,
Fairbairn, P.C., Pépin — 7

NAYS

The Honourable Senators

Eaton, Keon, Martin, Ogilvie, Segal — 5

ABSTENTIONS

The Honourable Senators

Nil

The committee resumed consideration of the question that clause 20, as amended, carry.

The Honourable Senator Day moved:

That Bill C-6 be amended in clause 20, on page 12, by replacing line 9 with the following:

"property.''.

After debate, the question being put on the motion in amendment, it was adopted on the following vote:

YEAS

The Honourable Senators

Callbeck, Cordy, Day, Dyck, Eggleton, P.C.,
Fairbairn, P.C., Pépin — 7

NAYS

The Honourable Senators

Eaton, Keon, Martin, Ogilvie — 4

ABSTENTIONS

The Honourable Senator

Segal — 1

It was agreed that clause 20, as amended, carry.

The chair asked whether clause 21 shall carry.

The Honourable Senator Day moved:

That Bill C-6 be amended in clause 21,

(a) on page 12,

(i) by replacing line 17 with the following:

"20(1) is an office or a dwelling-house, an inspector may not'',

(ii) by replacing line 24 with the following:

"person who is named in it to enter an office or a dwelling-'',

(iii) by replacing line 27 with the following:

"(a) the office or dwelling-house is a place described in'',

(iv) by replacing line 29 with the following:

"(b) entry to the office or dwelling-house is necessary'',

(v) by replacing line 32 with the following:

"(c) entry to the office or dwelling-house was refused''; and

(b) on page 13, by adding after line 9 the following:

"(5) In this section, "office'' means a self-contained room or place that is used as a business office, but does not include a room or place in which a consumer product is manufactured, packaged, stored, advertised to the public, sold, labelled, tested or transported.

(6) For the purposes of subsection (5), "sold'' means exposed for sale, lease, or distribution to one or more persons, or in possession for the purposes of sale, lease, or distribution to one or more persons.''.

After debate, the question being put on the motion in amendment, it was adopted on the following vote:

YEAS

The Honourable Senators

Cordy, Day, Dyck, Eggleton, P.C., Fairbairn, P.C., — 5

NAYS

The Honourable Senators

Eaton, Keon, Martin, Ogilvie — 4

ABSTENTIONS

The Honourable Senators

Callbeck, Segal, Pépin — 3

It was agreed that clause 21, as amended, carry.

It was agreed that clause 22 carry.

It was agreed that clause 23 carry.

It was agreed that clause 24 carry.

It was agreed that clause 25 carry.

It was agreed that clause 26 carry.

It was agreed that clause 27 carry.

It was agreed that clause 28 carry.

It was agreed that clause 29 carry.

The chair asked whether clause 30 shall carry.

The Honourable Senator Day moved:

That Bill C-6 be amended

(a) on page 14,

(i) by replacing the heading "INSPECTORS' ORDERS'' preceding clause 30 with the following:

"ORDERS'', and

(ii) in clause 30,

(A) by replacing line 30 with the following:

"30. (1) Subject to this section, if the Minister believes on reason-'', and

(B) by replacing line 32 with the following:

"danger to human health or safety, he or she may''; and

(b) on page 15, in clause 30, by adding after line 2 the following:

"(3) Before making an order under subsection (1), the Minister shall issue a notice of opportunity for voluntary recall to the person

(a) stating the nature of the order that the Minister intends to make and a summary of the reasons for so intending;

(b) requesting that the person undertake a voluntary recall of the consumer product, or voluntarily carry out other measures that, in the opinion of the Minister, would be equally effective in addressing the danger to human health or safety posed by the product, within the specified time; and

(c) specifying the time within which the voluntary recall or other measures must be carried out.

(4) The Minister may not make an order under subsection (1) unless the person refuses the request contained in the notice or fails to carry out the voluntary recall or other measures within the specified time.

(5) Subsection (3) or (4) does not apply if the Minister believes on reasonable grounds that its application in the circumstances would pose an imminent danger to human health or safety.

(6) The Minister need not comply with subsections (3) and (4) if a notice of opportunity for voluntary recall was previously issued to the person in respect of the same or a substantially similar matter.''.

After debate, the question being put on the motion in amendment, it was adopted on the following vote:

YEAS

The Honourable Senators

Callbeck, Cordy, Day, Dyck, Eggleton, P.C.,
Fairbairn, P.C., Pépin — 7

NAYS

The Honourable Senators

Eaton, Keon, Martin, Ogilvie, Segal — 5

ABSTENTIONS

The Honourable Senators

Nil

It was agreed that clause 30, as amended, carry.

The chair asked whether clause 31 shall carry.

The Honourable Senator Day moved:

That Bill C-6 be amended in clause 31, on page 15, by replacing line 10 with the following:

"(b) the Minister has made an order under''.

After debate, the question being put on the motion in amendment, it was adopted on the following vote:

YEAS

The Honourable Senators

Callbeck, Cordy, Day, Dyck, Eggleton, P.C.,
Fairbairn, P.C., Pépin — 7

NAYS

The Honourable Senators

Eaton, Keon, Martin, Ogilvie, Segal — 5

ABSTENTIONS

The Honourable Senators

Nil

The committee resumed consideration of the question that clause 31, as amended, carry.

The Honourable Senator Day moved:

That Bill C-6 be amended in clause 31, on page 15,

(a) by replacing line 3 with the following:

"31. (1) Subject to this section, an inspector may order a person''; and

(b) by adding after line 40 the following:

"(4) Before making an order pursuant to paragraph (1)(a) or (d), the inspector shall issue a notice of opportunity for voluntary compliance to the person

(a) stating the nature of the order that the inspector intends to make and a summary of the reasons for so intending;

(b) requesting that the person, in consultation with the inspector, determine and carry out, within the specified time, appropriate measures to achieve compliance with an order made under section 12 or to achieve compliance with this Act or the regulations, as the case may be, in relation to the consumer product; and

(c) specifying the time within which the measures must be carried out.

(5) The inspector may not make an order pursuant to paragraph (1)(a) or (d) unless

(a) the person refuses the request contained in the notice of opportunity for voluntary compliance;

(b) the person fails to carry out the measures requested in the notice of opportunity for voluntary compliance within the specified time; or

(c) the measures are not successful in achieving compliance, or the inspector believes on reasonable grounds that the measures will not be successful in achieving compliance, within the specified time.

(6) Subsection (4) or (5) does not apply if the inspector believes on reasonable grounds that its application in the circumstances would endanger human health or safety.

(7) The inspector need not comply with subsections (4) and (5) if an inspector has previously issued a notice of opportunity for voluntary compliance to the person in respect of the same or a substantially similar matter.''.

After debate, the question being put on the motion in amendment, it was adopted on the following vote:

YEAS

The Honourable Senators

Callbeck, Cordy, Day, Dyck, Eggleton, P.C.,
Fairbairn, P.C., Pépin — 7

NAYS

The Honourable Senators

Eaton, Keon, Martin, Ogilvie, Segal — 5

ABSTENTIONS

The Honourable Senators

Nil

It was agreed that clause 31, as amended, carry.

It was agreed that clause 32 carry.

The chair asked whether clause 33 shall carry.

The Honourable Senator Day moved:

That Bill C-6 be amended in clause 33, on page 16, by replacing lines 2 and 3 with the following:

"ual or class of individuals (other than an inspector) that are qualified as an independent review panel for the purpose of reviewing''.

After debate, the question being put on the motion in amendment, it was adopted on the following vote:

YEAS

The Honourable Senators

Callbeck, Cordy, Day, Eggleton, P.C., Fairbairn, P.C., Pépin — 6

NAYS

The Honourable Senators

Eaton, Keon, Martin, Ogilvie, Segal — 5

ABSTENTIONS

The Honourable Senator

Dyck — 1

It was agreed that clause 33, as amended, carry.

The chair asked whether clause 34 shall carry.

The Honourable Senator Day moved:

That Bill C-6 be amended in clause 34,

(a) on page 16, by replacing lines 6 to 9 with the following:

"section, an order that is made under section 31 shall be reviewed on the written request of the person who was ordered to take a measure by the inspector''; and

(b) on page 17, by replacing line 3 with the following:

"to take a''.

After debate, the question being put on the motion in amendment, it was adopted on the following vote:

YEAS

The Honourable Senators

Callbeck, Cordy, Day, Dyck, Eggleton, P.C.,
Fairbairn, P.C., Pépin — 7

NAYS

The Honourable Senators

Eaton, Keon, Martin, Ogilvie, Segal — 5

ABSTENTIONS

The Honourable Senators

Nil

The committee resumed consideration of the question that clause 34, as amended, carry.

The Honourable Senator Day moved:

That Bill C-6 be amended in clause 34,

(a) on page 16,

(i) by replacing lines 12 and 13 with the following:

"by a review panel.'',

(ii) by replacing line 20 with the following:

"within thirty days after the day on which the'',

(iii) by replacing line 23 with the following:

"any shorter period (not less than seven days) that may be specified in the'',

(iv) by replacing lines 32 and 33 with the following:

"(5) A review panel may review'', and

(v) by replacing lines 39 to 42 with the following:

"review unless the review panel decides otherwise.

(7) A review panel shall complete the review forthwith, and in any case within thirty days.

(8) On completion of a review, the review panel shall confirm, amend, terminate or''; and

(b) on page 17, by replacing line 5 with the following:

"writing of the reasons for the review panel's''.

The Honourable Senator Day moved:

That Bill C-6 be amended in clause 34, on page 16, by replacing lines 36 to 38 with the following:

"(6) A request for a review of an order, or the initiation under subsection (5) of a review, does not operate as a stay of the order, but the review officer may stay the order until the review is completed or for any shorter specified period, and may subsequently lift the stay before it expires.

(6.1) For greater certainty, a reference in this Act to "an order that is reviewed under section 34'' does not include an order that is stayed under subsection (6), while the stay is in effect.''.

It was agreed that the committee would consider both amendments together.

After debate, the question being put on the motions in amendment, they were negatived on the following vote:

YEAS

The Honourable Senators

Callbeck, Cordy, Day, Dyck, Eggleton, P.C., Fairbairn, P.C. — 6

NAYS

The Honourable Senators

Eaton, Keon, Martin, Ogilvie, Segal, Pépin — 6

ABSTENTIONS

The Honourable Senators

Nil

It was agreed that clause 34, as amended, carry.

It was agreed that clause 35 carry.

The chair asked whether clause 36 shall carry.

The Honourable Senator Day moved:

That Bill C-6 be amended in clause 36, on page 18,

(a) by replacing line 44 with the following:

"tor's, analyst's or review panel's functions''; and

(b) by replacing line 46 with the following:

"or a review panel may exercise their powers;''.

After debate, the question being put on the motion in amendment, it was adopted on the following vote:

YEAS

The Honourable Senators

Callbeck, Cordy, Day, Dyck, Eggleton, P.C.,
Fairbairn, P.C., Pépin — 7

NAYS

The Honourable Senators

Eaton, Keon, Martin, Ogilvie, Segal — 5

ABSTENTIONS

The Honourable Senators

Nil

The committee resumed consideration of the question that clause 36, as amended, carry.

The Honourable Senator Day moved:

That Bill C-6 be amended in clause 36, on page 20, by adding after line 16 the following:

"(8) Within two years after the day on which this subsection comes into force, the Minister shall prepare a report describing the state of progress made in adopting, under this section, standards-related aspects of international trade agreements entered into by the Government of Canada and shall cause the report to be laid before each House of Parliament.''.

After debated, it was agreed that the motion in amendment carry, on division.

It was agreed that clause 36, as amended, carry, with Senator Segal abstaining.

The chair asked whether clause 36.1 shall carry.

The Honourable Senator Day moved:

That Bill C-6 be amended in clause 36.1,

(a) on page 20,

(i) by replacing line 19 with the following:

"cause the proposed regulation to be laid before each House'',

(ii) by replacing lines 21 to 32 with the following:

"(2) The proposed regulation may be referred to an appropriate committee of the Senate, which may review the proposed regulation and report its findings to the Senate.

(3) The proposed regulation stands referred to the Standing Committee on Health of the House of Commons or, in the event that there is not a Standing Committee on Health, the appropriate committee of the House as determined by the rules of the House, which may review the proposed regulation and report its findings to the House.'',

(iii) by replacing line 36 with the following:

"tion is laid before both Houses of Parliament,'', and

(iv) by replacing line 38 with the following:

"regulation is laid before both Houses of Parliament, and''; and

(b) on page 21,

(i) by replacing line 2 with the following:

"Minister shall cause to be laid before that House a statement'', and

(ii) by replacing lines 5 to 7 with the following:

"before both Houses of Parliament need not again be so laid prior to the making of the regulation, unless it has been materially or substantially altered other than in accordance with the recommendations, if any, of the committee of either House.

(7) For the purposes of subsection (4), "sitting day'' means a day on which either House of Parliament sits.''.

After debate, it was agreed that the motion in amendment carry, on division.

It was agreed that clause 36.1, as amended, carry, with Senator Segal abstaining.

The chair asked whether clause 36.2 shall carry.

The Honourable Senator Day moved:

That Bill C-6 be amended in clause 36.2, on page 21, by replacing lines 19 to 21 with the following:

"before either House of Parliament, the Minister shall cause a statement of his or her reasons to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the regulation is made.''.

After debate, the question being put on the motion in amendment, it was adopted on the following vote:

YEAS

The Honourable Senators

Callbeck, Cordy, Day, Dyck, Eggleton, P.C.,
Fairbairn, P.C., Pépin — 7

NAYS

The Honourable Senators

Eaton, Keon, Martin, Ogilvie, Segal — 5

ABSTENTIONS

The Honourable Senators

Nil

It was agreed that clause 36.2, as amended, carry.

It was agreed that clause 37 carry.

It was agreed that clause 38 carry.

It was agreed that clause 39 carry.

It was agreed that clause 40 carry.

It was agreed that clause 41 carry.

It was agreed that clause 42 carry.

It was agreed that clause 43 carry.

The chair asked whether clause 44 shall carry.

The Honourable Senator Day moved:

That Bill C-6 be amended in clause 44, on page 24,

(a) by replacing lines 11 and 12 with the following:

"analyst or review panel purporting to have been signed by that person or a member of that panel is admissible in''; and

(b) by replacing lines 21 and 22 with the following:

"analyst or review panel that appears to have been certified under the signature of that person or a member of that panel''.

The question being put on the motion in amendment, it was adopted on the following vote:

YEAS

The Honourable Senators

Callbeck, Cordy, Day, Dyck, Eggleton, P.C.,
Fairbairn, P.C., Pépin — 7

NAYS

The Honourable Senators

Eaton, Keon, Martin, Ogilvie, Segal — 5

ABSTENTIONS

The Honourable Senators

Nil

It was agreed that clause 44, as amended, carry.

It was agreed that clause 45 carry.

It was agreed that clause 46 carry.

It was agreed that clause 47 carry, with Senator Segal abstaining.

It was agreed that clause 48 carry.

It was agreed that clause 49 carry.

It was agreed that clause 50 carry.

The chair asked whether clause 51 shall carry.

The Honourable Senator Day moved:

That Bill C-6 be amended in clause 51, on page 28, by replacing line 20 with the following:

"(a) the person is liable to pay the amount set out in the''.

After debate and with leave, the motion in amendment was withdrawn.

It was agreed that clause 51 carry.

It was agreed that clause 52 carry.

It was agreed that clause 53 carry.

It was agreed that clause 54 carry.

It was agreed that clause 55 carry.

The chair asked whether clause 56 shall carry.

The Honourable Senator Day moved:

That Bill C-6 be amended in clause 56, on page 31, by replacing lines 4 and 5 with the following:

"56. (1) In a proceeding in relation to a violation, it is a defence for the person named in the notice of violation to establish''.

The question being put on the motion in amendment, it was negatived on the following vote:

YEAS

The Honourable Senators

Cordy, Day, Dyck, Fairbairn, P.C. — 4

NAYS

The Honourable Senators

Eaton, Keon, Martin, Ogilvie, Segal — 5

ABSTENTIONS

The Honourable Senators

Callbeck, Eggleton, P.C., Pépin — 3

The question being put on whether clause 56 shall carry, it was adopted on the following vote:

YEAS

The Honourable Senators

Callbeck, Eaton, Eggleton, P.C., Keon, Martin, Ogilvie,
Pépin, Segal — 8

NAYS

The Honourable Senator

Day — 1

ABSTENTIONS

The Honourable Senators

Cordy, Dyck, Fairbairn, P.C. — 3

The chair asked whether clause 57 shall carry.

The Honourable Senator Day moved:

That Bill C-6 be amended in clause 57, on page 31, by replacing lines 18 to 22 with the following:

"57. The Minister shall not make a determination under subsection 53(1) that a person committed a violation unless the Minister is satisfied, on a balance of probabilities, that the person committed the violation identified in the notice of violation in which the person was named.''.

The question being put on the motion in amendment, it was adopted on the following vote:

YEAS

The Honourable Senators

Callbeck, Cordy, Day, Dyck, Eggleton, P.C., Fairbairn, P.C. — 6

NAYS

The Honourable Senators

Eaton, Keon, Ogilvie — 3

ABSTENTIONS

The Honourable Senators

Pépin, Segal — 2

It was agreed that clause 57, as amended, carry.

It was agreed that clause 58 carry.

It was agreed that clause 59 carry.

It was agreed that clause 60 carry.

It was agreed that clause 61 carry.

It was agreed that clause 62 carry.

It was agreed that clause 63 carry.

It was agreed that clause 63.1 carry.

It was agreed that clause 64 carry.

It was agreed that clause 65 carry.

It was agreed that clause 66 carry.

It was agreed that clause 67 carry.

It was agreed that clause 68 carry.

It was agreed that clause 69 carry.

It was agreed that clause 70 carry.

It was agreed that clause 71 carry.

It was agreed that clause 72 carry.

It was agreed that schedule 1 carry.

It was agreed that schedule 2 carry.

The committee resumed consideration of clause 8 and the motion in amendment of the Honourable Senator Day:

That Bill C-6 be amended in clause 8, on page 6, by replacing lines 2 and 3 with the following:

"section 30 or is the subject of a''.

After debate, the question being put on the motion in amendment, it was adopted on the following vote:

YEAS

The Honourable Senators

Callbeck, Cordy, Day, Dyck, Eggleton, P.C.,
Fairbairn, P.C., Pépin — 7

NAYS

The Honourable Senators

Eaton, Keon, Martin, Ogilvie, Segal — 5

ABSTENTIONS

The Honourable Senators

Nil

It was agreed that clause 8, as amended, carry.

The committee resumed consideration of clause 2.

The Honourable Senator Day moved:

That Bill C-6 be amended in clause 2, on page 4, by replacing lines 19 and 20 with the following:

""review panel'' means an individual or individuals designated as an independent review panel under section 33.''.

After debate, the question being put on the motion in amendment, it was adopted on the following vote:

YEAS

The Honourable Senators

Callbeck, Cordy, Day, Dyck, Eggleton, P.C.,
Fairbairn, P.C., Pépin — 7

NAYS

The Honourable Senators

Eaton, Keon, Martin, Ogilvie, Segal — 5

ABSTENTIONS

The Honourable Senators

Nil

It was agreed that clause 2, as amended, carry.

It was agreed that preamble carry.

It was agreed that clause 1, which contains the short title, carry.

It was agreed that the title carry.

The chair asked whether the bill, as amended shall, carry.

The question being put on the motion, it was adopted on the following vote:

YEAS

The Honourable Senators

Callbeck, Cordy, Dyck, Eaton, Eggleton, P.C., Fairbairn, P.C., Keon, Martin, Ogilvie, Pépin — 10

NAYS

The Honourable Senator

Day — 1

ABSTENTIONS

The Honourable Senator

Segal — 1

It was agreed that the chair report the bill, as amended, to the Senate.

At 6:04 p.m., the committee proceeded to consider a draft agenda (future business).

It was agreed that the committee would hold a meeting on Bill S-201, An Act to amend the Library and Archives of Canada Act (National Portrait Gallery), on Thursday, December 3, 2009 at which time it would hear from the sponsor of the Bill, the Honourable Senator Grafstein.

At 6:06 p.m., the committee adjourned to the call of the chair.

ATTEST:

Gérald Lafrenière

Acting Clerk of the Committee


OTTAWA, Thursday, December 3, 2009
(27)

[English]

The Standing Senate Committee on Social Affairs, Science and Technology met this day at 10:46 a.m. in room 2, Victoria Building, the chair, the Honourable Art Eggleton, P.C., presiding.

Members of the committee present: The Honourable Senators Cordy, Dyck, Eaton, Eggleton, P.C., Fairbairn, P.C., Martin, Nolin, Ogilvie, Pépin and Segal (10).

In attendance: Havi Echenberg and Daniel Thompson Analysts, Parliamentary Information and Research Service, Library of Parliament.

Also in attendance: The official reporters of the Senate.

Pursuant to the order of reference adopted by the Senate on Tuesday, December 1, 2009, the committee began its study on Bill S-201, An Act to amend the Library and Archives of Canada Act (National Portrait Gallery).

WITNESS:

The Honourable Senator Jerahmiel S. Grafstein, sponsor of the bill.

The chair made a statement.

The Honourable Senator Grafstein made a statement and answered questions.

At 12:06 p.m., the committee adjourned to the call of the chair.

ATTEST:

Vanessa Moss-Norbury

Acting Clerk of the Committee


OTTAWA, Thursday, December 10, 2009
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[English]

The Standing Senate Committee on Social Affairs, Science and Technology met this day at 10:50 a.m. in room 2, Victoria Building, the chair, the Honourable Art Eggleton, P.C., presiding.

Members of the committee present: The Honourable Senators Callbeck, Cordy, Dyck, Eaton, Eggleton, P.C., Fairbairn, P.C., Keon, Martin, Ogilvie, Pépin and Segal (11).

In attendance: Havi Echenberg and Daniel Thompson Analysts, Parliamentary Information and Research Service, Library of Parliament.

Also in attendance: The official reporters of the Senate.

Pursuant to the order of reference adopted by the Senate on Tuesday, June 2, 2009, the committee continued its study on accessibility of postsecondary education in Canada. (For complete text of the order of reference, see proceedings of the committee, Issue No. 7)

WITNESSES:

National Aboriginal Achievement Foundation:

Roberta Jamieson, President and Chief Executive Officer;

Noella Steinhauer, Director of Education.

National Aboriginal Caucus of the Canadian Federation of Students:

Jaden Keitlah, Chairperson.

Indian and Northern Affairs Canada:

Kathleen Keenan, Director General of Education.

The chair made a statement.

Ms. Jamieson, Mr. Keitlah and Ms. Keenan made statements and, with Ms. Steinhauer, answered questions.

At 11:50 a.m., Senator Keon took the chair.

A 12:23 p.m., the committee adjourned to the call of the chair.

ATTEST:

Denis Robert

Acting Clerk of the Committee


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